RAJ KUMAR KOTHARI AND SONS (HUF), GUWAHATI V. INCOME TAX OFFICER WARD 4(3), GUWAHATI, GUWAHATI

SA 6/GTY/2024

• Counselvise Citation: [2024] 130 COUNSELVISE.COM (IT) 4714 (ITAT-GUWAHATI)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 11-03-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 11-03-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 05-02-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Application of stay

Judgement Text

S.A. No.06/GAU/2024 (in ITA No. 21/GAU/2024) A.Y. 2017-2018 Raj Kumar Kothari And Sons (HUF) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-GUWAHATI ‘e-COURT’, KOLKATA [Virtual Court Hearing] Before Shri Sanjay Garg, Judicial Member & Shri Girish Agrawal, Accountant Member S.A. No. 06/GAU/2024 (arising out of I.T.A. No. 21/GAU/2024) Assessment Year: 2017-2018 Raj Kumar Kothari And Sons (HUF),.........Applicant Kothari Bhawan, S.C. Road, Athgaon, Assam, PIN Code No.781001 [PAN: AAGHR7805C] -Vs.- Income Tax Officer,...................................Respondent Ward-4(3), Guwahati, Aayakar Bhawan, Christian Basti, G.S. Road, Guwahati, Assam, PIN Code No. 781005 Appearances by: Shri Ashwin Saraf, FCA, for the Applicant Shri Kausik Ray, JCIT, for the Respondent Date of concluding the hearing : March 12, 2024 Date of pronouncing the order : March 12, 2024 O R D E R Per Sanjay Garg, Judicial Member:- The assessee has moved the present application seeking stay against the recovery of tax demand. The ld. Counsel for the S.A. No.06/GAU/2024 (in ITA No. 21/GAU/2024) A.Y. 2017-2018 Raj Kumar Kothari And Sons (HUF) 2 assessee has submitted that the addition has been made by the ld. Assessing Officer in respect of deposits made in the Bank accounts of the demonetized currency during the demonetization period. Ld. Counsel has submitted that the aforesaid currency was deposited by the assessee out of past savings and the assessee can demonstrate that during the hearing in the main appeal. He has submitted that the assessee has already deposited 20% of the disputed amount of the tax demand. He, therefore, has requested for stay of the remaining tax demand. However, during the hearing on the application, ld. A.R. has stated that the assessee may be granted early hearing in respect of his appeal. 2. The ld. D.R. has not objected to the same. 3. In view of this, the application of the assessee is partly allowed and it is directed that the main appeal of the assessee bearing ITA No. 21/GAU/2024 be fixed for hearing on 2 nd April, 2024 on out of turn basis. The Stay Application is disposed of in the above terms. Copy of this order be also placed in the main file. Order pronounced in the open Court on March 12, 2024. Sd/- Sd/- (Girish Agrawal) (Sanjay Garg) Accountant Member Judicial Member Kolkata, the 12 th day of March, 2024 Copies to : (1) Raj Kumar Kothari And Sons (HUF), Kothari Bhawan, S.C. Road, Athgaon, Assam, PIN Code No.781001 S.A. No.06/GAU/2024 (in ITA No. 21/GAU/2024) A.Y. 2017-2018 Raj Kumar Kothari And Sons (HUF) 3 (2) Income Tax Officer, Ward-4(3), Guwahati, Aayakar Bhawan, Christian Basti, G.S. Road, Guwahati, Assam, PIN Code No. 781005 (3) Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, (4) Commissioner of Income Tax- , (5) The Departmental Representative (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.